The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-06-26

state that the Staten Island Rapid Transit
Company is a corporation foreign to New
Jersey, existing under the laws of New
York and has no lawful existence within
the boundaries of New Jersey, Nor has
it any lawful power to exercise any cor
Iotate franchise, save so far as it is per-
mitted by the comfy which the State my
exercise to the State of New 7 ork, and
that it cannot be authorized by Congress
to come into the Safe of New jersey and
violate the laws of New Jersey, which
apply TO all its own corporations, and take
possession of the soil of New Jersey with
out the consent of the State and without
provision made for compensation, and the
State insists that the true meaning of said
act of Congress is merely to permit and
license the said railroad company TO ac-
quire the said lands by grant and convey
ance from New Jersey, and to make the
said ercctions when such grant and con-
veyance have been made.
The bill AYERS that neither corporation
has ever asked permission of the State or
an of its authorities; but are taking posses
sion of the property under the pretence
that they are empowered by the act OF
Congress to seize the property of the State
and convert it to their own use without
compensation; that the said corporations
or one of tn EN- have prepared plan and
have procured the Secretary of War to
approve the same !; that they claim
that they are empowered under the
said plan and approval to construct perma-
nent directions in the land of State; to
Guild a bridge or viaduct within its boun-
daries, and have in fact entered upon and
taken possession of the lands of the State
and are now making erections on the land
of said State, under the waters of the Ar
thurs Kill for the purpose of constructing
the said railway bridge or yiaduct within
the boundaries of said State, which acts
the State charges to be not orly an inva-
sion of her sovereign governmental rights
and powers. but of the States rights of
property in and TO the lands aforesaid.
rhe bill charges that the Baltimore
New York Railroad Company has never
filed any route, has never organized, and
is in no position in fact to make any road
to connect with any bridge, nor is 1t SO
doing. The bill raises no question as the
entire control by the government OF the
navigation OF the waters OF the Kill Won
Kull, nor is it filed in the interest OF nayl-
cation, leaving that question to be settled
by the government, with the great interests
which the work if completed according TO
the plans will destroy.
In conclusion, the bill pray that it may
be decreed by this court that the said de-
PENDANTS have no lawful right and power
to enter upon and take possession OF the
aforesaid lands of your Ora tor, or to make
any erections or constructions whatever
thereon. or to erect the aforesaid railway
ridge or viaduct across any lands Oh your
orator under the waters OF the arthur
Kill: and that the said defendants may be
perpetually enjoined and restrained from
entering upon, and taking possession OF,
the hereinbefore described lands OF your
orator, and from making any erecslons
whatever thereon, and from erecting any
bridge Or viaduct across the lands OF your
orator lying under the waters OF the Ar
thur Kill, and that your crater may have
such other and further relief in the prem
SEES as the nature OF the case N " require.
The bill was accompanied by copies of
all the maps and laws referred TO, and
affidavits of Messrs. Bacot, secretary of the
Riparian. Commission. and of Z. W. Har-
rison, the engineer employed by the State.